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Inclusive rights: A new model to organise legal relations to shared resources in tangible property and intellectual property (INCLUSIVE)
Start date: Oct 1, 2014, End date: Sep 30, 2019 PROJECT  ONGOING 

"The INCLUSIVE project aims at challenging our very perspective of property by adding an innovative notion, the ‘inclusive right’, in the toolbox of legal and economic theory. Whereas exclusivity is conventionally considered as the core element and purpose of property right, sharing and collectively using resources, either tangible or intellectual, is an increasing practice and a new field of research in the legal, sociological, cultural and economic academy. From public domain in copyright, the open access or copyleft licensing to the multiple and complex authorship resulting from online wiki creation and new forms of cohousing based on common spaces and property, all rely on the lack or limitation of exclusive rights and the accommodation of symmetric entitlements of other individuals. All share a sense of ‘inclusivity’ that can be defined by (1) the absence of a power to exclude others, which leads to inclusion of others in the use and (2) the collectiveness and interdependency of privileges to use a resource. Yet, no legal tool is available to comprehend such inclusivity, but the notion of ‘commons’ devoid of any normative content. The INCLUSIVE project will study allocation of resources grounded on inclusivity and the issues raised by such legal vacuum or inadequate application of exclusivity-based rules. INCLUSIVE will elaborate a legal model of ‘inclusive right’ allowing for organised collectiveness, enforceability and sustainability and assess its applicability in selected fields. Instead of forcing exclusive rights on situations organised around inclusivity, the project radically innovates by rethinking the categories of legal interests, with new conceptual and methodological frameworks and adapted normative criteria. This legal concept could have discrete applications and play a role in two major challenges of our times: the sustainability of natural or informational resources and the connected agency of individuals in the digital environment."
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